OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
March 4, 2002
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday, March 4, 2002 in the municipal complex. The meeting was called to order by Council President Butler at 8:45 p.m., who invited all present to participate in a salute to the flag, followed by a short prayer.
Deputy Clerk Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Panos, Councilwoman Panos, President Butler: Councilman Maher left at 8:30 p.m. due to illness.
WORKSHOP - 7:00 P.M.
SFY Capital Projects
PRESENTATION - CERTIFICATES OF EXCELLENCE (3/11/02)
Old Bridge Knights Basketball Team
Old Bridge Robin Area 5 Speed Skating Team
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HEARINGS - (3/4/02)
H-1 Release/Reduction Performance Guarantee - Highway 35 Oil Corporation (Petroleum Supply Corp.) (Requested postponement)
HEARINGS - 3/11/02
H-1 Release/Reduction Performance Guarantee - Prests Mill Estates
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APPROVAL OF MINUTES
January 1, 2002 - Reconvened/Reorganization January 14, 2002 - Regular
January 7, 2002 - Agenda February 11, 2002 - Executive
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ORDINANCE FOR SECOND READING
ORD. #06-02 Amending Land Development Code with respect to escrow deposits for review of planned applications
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ORD.#07-02 Bond Ordinance authorizing the resurfacing of and related improvements to the Inverness Commuter Parking Lot in the sum of $400,000.00
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ORDINANCE FOR FIRST READING
FR-1 Globespan Tax Abatement
Alayne Shepler: Mr. Condon advises that he has sent a draft to the attorney and we should be ready for Monday night.
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President Butler: I don't know where to add this, but we did something about a month ago regarding Laurence Harbor First Aid Squad construction and the waiver of fees and I understand that it has been signed off. I will advise the Clerk's office to put this at the end of the discussion resolutions.
Alayne Shepler: The assistant attorney has advised us that Mr. Convery the outside attorney has agreed to waive his fees and I don't think we would have any objection permitted by law to waiving any of the other fees.
President Butler: Where will this go in regard to the agenda?
Alayne Shepler: It should be under the Discussion Resolutions.
President Butler: We will add it for next Monday's agenda.
Councilman Redmond: Can we get the backup on the salary ordinance from the Mayor's office for the next Agenda meeting? I know there were some problems with it and I would like the Council to be prepared to discuss it at the next agenda session. I know that some of the new council people have not received what was proposed, regarding the cost of increase raises.
President Butler: What Mr. Redmond is referring to is that last year the employees both union and non-union received a 3.5% increase, so Mr. Redmond is basically saying that he would like to have the information regarding the back-up information on the department heads.
Councilman Redmond: So can we be prepared to discuss that?
President Butler: We will add it to our next Agenda and Administration will get us the back-up information.
Alayne Shepler: We will get you that information.
Councilman Testino: If the Mayor wants to do this she can put it on the agenda.
Mayor Cannon: I have put it on the agenda several times and it has gone nowhere.
DISCUSSION ORDINANCE.
DO-1 Ordinance for fee schedule - Inverness Parking Lot.
Councilman Calogera: I understand that we are going to set this at $1.00 per car per day, which is in accordance with the State.
Mayor Cannon: That is what we are charging at the other lot so we thought that we would keep it consistent.
Councilman Calogera: Have we projected that this fee will cover the expenses that we will incur with that lot?
Mayor Cannon: There will be 300 spots at $1.00 per day.
Councilman Calogera: We can always revisit this fee am I correct?
Alayne Shepler: We can always do that, but it makes sense to keep the fees consistent.
Himanshu Shah: I think that I advised Councilman Testino that it will take approximately 12 years to recoup the cost of this lot at this fee so if you are thinking of lowering the fees I don't advise it.
Councilman Calogera: I am not thinking of lowering the fees.
Councilman Redmond: Who will be enforcing the collection of fees?
Alayne Shepler: Our police department. We will be looking into how we collect the fees. We do have the machine at the other lot, but this lot is not even built so we will look into the best way to handle the collection of the fees whether it be Park-America who collects at the other lot or we contract with another company.
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DO-2 Ordinance to establish fees for the posting of sings for proposed subdivisions, site plans, and/or variance applications - $150.00 per sign.
Councilman Calogera: We passed the ordinance to have signs established at each site and I am going to put it to the Planning Board that we extend it further and have the sign state what is being built including square footage. I think that when you drive by it would be nice to know what is being built, whether it be residential or commercial and I think the public would like to know that.
Mayor Cannon: The problem with that is there was some question about the legality of these signs and we thought that by making them as generic as possible we would have less problems legally. You could put commercial or residential, but once you start putting in the square footage and the type, if it changes midway, that means you have to change the sign and there could be problems. The public can usually obtain this information by calling the township or going on the website.
Councilman Calogera: I have seen it at a couple of towns in New Jersey and the signs did have specific site information on it and the question from what I understand was not what was on the sign, but rather the sign itself.
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DO-3 Ordinance amending Health Department fees for inspections for food vendors.
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CONSENT AGENDA
C-1 Bingo/Raffle Licenses - RA35-02 Greek Orthodox Ladies Society; RA36-02 Old Bridge H.S. PTA, RA37-02 St. Thomas H.S. Assoc., RA38-02 Most Holy Redeemer Church, RA39-02 Cheesequake Baseball Assoc., RA40-02, RA41-02, RA42-02, RA43-02 Colts Neck PTO, RA44-02 ACTION TONIGHT ON: RA44-02 K of C (Night at the Races)
RESOLUTION #126-02
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto:
RA44-02 - St. Thomas the Apostle KofC #4815 (Nite @ the Races)
NOW, THEREFORE BE IT RESOLVED , by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicant the following licenses
Moved by Councilman Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Maher
Prior to the roll call vote the following discussion took place:
President Butler: Action has to be taken on this item tonight so that it will be within the time frame.
C-2 Block Party - Heather Drive, Saturday, July 27, 2002 Rain date: Sunday July 28 2002
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DISCUSSION RESOLUTION
DR-1 Memorialize action of 2/25/02 re: Old Bridge Raceway Park - Harley Davidson Event
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DR-2 Real Estate tax refund & cancellation of current year for 100% disabled veteran Candace Franchino
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DR-3 CME Professional Services Contract for Environmental Resolutions Professional Services (to be billed out of escrow)
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DR-4 Professional Services Contract for Zoning Board of Adjustment (to be billed out of escrow)
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DR-5 Professional Services for Mark Remsa P.P. for Planning Board & Zoning Board (To be billed out of escrow)
Councilman Testino: Is this gentlemen rendering this service? I thought Samuels was doing it and do we have the background on how they arrived at this?
Alayne Shepler: You should have all the information.
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DR-6 Professional Services Contract Gary Lovallo (CMF) Tree Services
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DR-7 Professional Services Contract - Thomas Norman Esq. For additional legal fees for K. Hovnanian vs. Old Bridge Planning Board in the amount of $15,000.00
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DR-8 Professional Services Contract - Thomas Norman, Esq. For 2002 Contract in the amount of $22,500.00
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DR-9 Change Order #1 T.G. Gallant Construction Co., in the amount of $16,995.00 for 5% changes to Contract #01-13 (Original Contract was for $225,163.00 for renovations to the Laurence Harbor Senior Center Building.
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DR-10 Change Order #1 Inter County Paving in the amount of $101,684.38 for 20% changes to Contract #01-09 Road Resurfacing (Original contract was for $508,421.90) (Advertisement Required)
Councilman Redmond: We have a change order here for over $100,000, but the back-up does not tell us for what.
Alayne Shepler: This change order is for additional streets under the 2001 resurfacing program. As soon as the weather breaks and the paving plants reopen, we will be doing the additional streets. We have sufficient funds for this project.
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DR-11 Change Order #2 Tarheel Enterprises Reduction of Final Contract #00-23 in the amount of $2,422.80.
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DR-12 Permission for Raritan Bay Medical Center to hold Family Day on Saturday, June 8, 2002 from 11:00 AM-3:00 PM
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DR-13 Permission for Old Bridge Raceway Park to hold fireworks display on the following dates: Sat. 5/18/02; Sat. 6/8/02; Wed. 7/3/02; Wed. 7/31/02: Sat. 8/17/02 (tentative); Sat. 9/14/02.
Councilman Redmond: Didn't we split these up last year?
Councilman Testino: Mr. Cucchiara asked for it last year to make sure there were no problems.
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DR-14 Resolution authorizing the donation from Brunswick Power Sports for two (2) 2001 Kawasaki Jet Ski's Model #1100STXD1 for use at the beach this summer at no cost to the Township.
Councilman Calogera: Briefly, I was asked to explain that these are on-loan by Kawasaki Dealership and they have to be returned. We will be responsible for them for the period of time that we have them.
Councilman Hoff: How are you involved in the Kawasaki thing?
Councilman Calogera: I am not, I am just informing you of the situation.
Councilman Hoff: Is this a grant to the police department?
Mayor Cannon: Kawasaki gives this to you for use and then you have to return them to Kawasaki.
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DR-15 Permission for Calvary Chapel to hold an Easter "Sunrise" Service at Lombardi Field on Saturday, March 31, 2002 at 7:30 AM to approx. 8:30 AM (Set-up to begin at 5:30 AM)
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DR-16 Resolution authorizing Rt. 9 and Inverness Dr. - Traffic Signal
Councilman Calogera: We met with Capt. Cerra and the Commuter Parking Committee and we agreed it was the right thing to do and we are going to try and expedite this. We are following the suggestion of the police department that the traffic light on the southbound be 100 feet north of the Inverness intersection and the traffic light on the northbound lane be 100 feet south of the Inverness intersection, so that vehicles will stop prior to the intersection itself. We would like both of those items included in the resolution.
President Butler: Did we extend the invitation to the individuals who live in that area?
Councilman Calogera: I personally spent some time at the bus stop talking to residents and out of approximately 25 residents that I spoke to, all were in favor of putting a light there.
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DR-17 Award of Contract #02-09 to Advanced Surveillance Inc. Closed Circuit Television Monitoring & Recording System in the amount of $47,443.00
Alayne Shepler: The number on this is incorrect. That is the base price and I have added to it and we are also doing the two alternates because we have the funds. One item is $4500, a smaller surveillance type for the juvenile room and the other is approximately $1500, both these items are for the police department.
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DR-18 Resolution authorizing Extension of Deadline for Financial Resources (Blk 4185, Lot4)
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DR-19 Resolution requesting to increase the change fund of the Tax Collector's Office.
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DISCUSSION
D-1 Memorial Committee - (Dedication Area)
Councilman Calogera: There has been much said about people in town both deceased and living who are owed some special recognition. We would like to form this committee consisting of myself, Councilmen Baker, Maher and the Clerk, Rose-Marie Saracino would like to sit on this committee. It would take about 90 days and we would come back with some recommendations to the Council on what we feel would be appropriate to do and possibly ask and advertise for several persons from the public sector to participate along with us.
Councilman Hoff: I think that you are out of order. There are people who worked this town long before you moved here and I don't think you and other people can understand that. This action is out of order because this is a privilege that is given by law to the Council and is a unique thing.
Councilman Calogera: Mr. Hoff, just for an explanation this is done to benefit and honor those people not for any other reason.
Councilman Hoff: I don't think you even know how to spell the word.
Councilman Calogera: I think you are way out of line and I think you owe me an apology.
President Butler: Mr. Hoff, this is not the place and when he brings it up and you want to table then you can do whatever you want then.
Councilman Hoff: This is nonsense.
D-2 Fees for mass assembly and events.
Councilman Calogera: I think that in situations where we have large events going on in town such as the Harley Davidson or other functions that the town and the taxpayers should get some other benefit and I think that a number of other towns throughout New Jersey have gate fees or some type of stipends and I am just asking legal to look into this whether we have the authority by ordinance or do we have to apply to the State.
President Butler: I will ask legal to take care of that.
D-3 Multiple color street markings by utility and other various companies.
Councilman Calogera: Most streets in this town are marked up with different colors either by the utilities or other companies. They put the paint down and it stays for years, I think it is an eyesore and we are looking into the State because they govern the color of the paint used by the various utilities. They do use the work temporary, but there is nothing temporary about the markings so we are going to try and determine what the work "temporary" means.
Councilman Redmond: These markings are put down for projects when they dig and when they are done digging it should be removed.
Councilman Calogera: The argument is Legal says that we may not be able to do an ordinance because the State supersedes us so that is what we are looking into.
Councilman Redmond: Can't we pass an ordinance that states they have to remove it when they are done?
Attorney Condon: That we may be able to do. You could not pass an ordinance that would define what temporary would be. The only law I found so far on this issue says that the utility companies have to paint these markings, not how long they are supposed to last. I have to take this up with the Board of Public Utilities and make some further inquiries and rather than have more legislation on our part simply make a complaint to the BPU and have the utility companies remove these markings.
Councilman Calogera: So we will find out what the word "temporary" means from the State and hopefully we will be able to take care of this matter.
John Vincenti: I understand what you are saying, but there are real legitimate reasons for the use of these markings. This is a matter that I think we really should not discuss and pass any type of ordinance at this point because it is a matter of public safety and is a necessary evil as I see it and before we take any type of frivolous action we need to research it. These mark outs are essential for safety.
Councilman Calogera: I have no complaint about that, but upon completion the paint should be removed, it is left there for years.
Rocky Donatelli: The paint is supposed to fade after a certain amount of time and that amount of time is extensive, but as far as putting the markings down it has to be done. The amount of time varies, I have seen it last for 3-5 months. What John says is true and you had better make sure you know what you are talking about before you get involved with this.
D-4 Discussion of actions to prevent a development of presently owned property adjacent to Veterans Park.
Motion
Motion to direct Legal Department to look into the Veterans Park acreage for possible use as space moved by Councilman Hoff, seconded by Councilman Testino and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Maher
Prior to the motion the following discussion took place.
Councilman Greene: We discussed this item at the last meeting. The attorney came in and actually gave us an overview of a situation where a developer has approvals to build 4 houses adjacent to Veteran's Park. What he presented to us was that the developer wanted access to the land and the two proposals he gave us would have impacted on the esthetics of the park.
My first thought was how could the Zoning Board put us in a situation like this but subsequent to this I found out that going back to 1996 there was a recommendation from the Open Space
Committee to purchase this property and I wanted to bring this to the Council's attention. Quite honestly, I think at times, I believe that we try to make decisions with blinders as far as our open space in Old Bridge. Perhaps there are other areas that we should be looking at aside from the big tracts, and this particular instance just brought this to my attention that not only this property could have been saved if the township had acted on it and brought this property from the owner and I am sure there are other properties similar in nature that we should be looking at for purchase. It may be too late, but I would like to see the list of nine or more properties that are available. I would also like the Council to consider that maybe we should negotiate with this developer and perhaps we can purchase this property as opposed to ruining the esthetics of Veteran's Park., which is what I feel will happen under the two proposals submitted here. Also, what reinforced with me a discussion that we had a few months ago to have the committees come before the Council and I would ask the Mayor right now to put a list together so that all the committees, come to this Council and let us know what is going on and what recommendations they are making. To reiterate my point I would like the township to reach out to this developer and see if he is agreeable to selling this property and also to focus their open space studies and directions to six wards and not one.
Councilman Hoff: Mr. Greene, do you know the owner's name and how much property is involved?
Councilman Greene: His name was mentioned last week and I am not sure the amount of property.
John Vincenti: He has four lots, approximately one acre.
President Butler: Mayor, if I remember correctly I thought the Open Space Committee put together a list of property with the acreage that they were going to submit to us.
Mayor Cannon: They have and they sent copies to the Council and I met with them because the County now has additional open space money but they wanted a new list. I wrote to both Open Space and Environmental asking that they should update their previous lists and all that information is shared with Council as was the recommendation of the Parking Utility and you voted on it last year to support the Inverness light. I will certainly invite these people, but I just want to remind you that they are all volunteers, some of them may not feel comfortable coming here to give a presentation and they do share any information with you in writing and they do invite you if they put on events.
Councilman Greene: I have not gotten anything from any committee.
Councilman Hoff: I am asking that our legal staff go down and find out what the property is worth so if we want we can negotiate a price.
Councilman Testino: Mr. Greene brought up having committees brought before us, I don't think we have to go to the Mayor to have our own committees before us. I have already asked the Clerk's office to start scheduling these meetings. I would say that if it is the Mayor's committee that she ask them to come before the Council, but we can do our own.
D-5 YMCA Upcoming Meeting - (3/12/02 at 7:00 p.m.)
President Butler: Councilman Maher wanted me to remind you of this meeting.
D-6 Sell 300 acres of O&Y Property to the County. (Move on proposal by the County.)
Motion
Motion to appoint Councilman Redmond as liaison to the County Open Space Committee made by Councilman Testino, seconded by Councilman Calogera and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None
ABSENT: Councilman Maher
Prior to the roll call vote the following discussion took place.
Councilman Redmond: A couple of weeks ago I distributed a letter from Ralph Albanir, Middlesex County Director of Parks and Recreation to the Council stating that the County had no intention but to keep the 300 acres as open space. They have brought up a number which is closer to what we have anticipated and based on that number, I would like to move forward on selling this property back to the County so that it can become part of the County park and we don't have to pay any more interest on these bonds and I would like the support of the Council to do that. The second part of this is that the County has an open space committee and now with their referendum they have asked for a list and I would like to be if it is all right with the other council members to be the Council Liaison.
REPORTS
R-1 Legacy Grand - (Update from Zoning Board.)
Councilman Redmond: I don't think we should be discussing this matter. I think it is in our best interest to not discuss this or get reports.
Attorney Condon: I don't know anything about the item you are discussing, but if it is a pending application before the Zoning Board and you publicly take position on this now it could potentially appear very bad if you have to at some point act as an impartial body on an appeal of it.
Councilman Testino: An affirmation would come here and a denial would go to the Superior Court.
Attorney Condon: You always have the choice to go to the Superior Court.
Councilman Baker: Would there be any harm in educating the public to the upcoming meeting and whether or not there was any additional information given from the applicant.
Attorney Condon: No.
R-2 Crystal Lake - (Update from Planning Board)
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Councilman Baker: I would just like to educate the public as to when the next meeting will be and the public does not have access to all the information that Administration has and so I would like to take the opportunity to tell the public about any update.
Councilman Testino: There has been and we should discuss this Monday night. I think that everyone should read the letter from Wilentz, Goldman and Spitzer challenging Bill's opinion.
Motion to Adjourn made by Councilman Redmond, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None
ABSENT: Councilman Maher
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Reginald Butler, Council President
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Rose-Marie Saracino, Township Clerk
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